business or occupation, but shall also apply to every person or persons who may do in a single instance any one of the acts specified in said subdivisions one to six inclusive. Enactment approved February 18, 1909, Stats. and Amdts. 1909, p. 21; amendment approved January 31, 1911, Stats. and Amdts. 1911, p. 4. § 337b. BRIBERY IN BALL GAMES. OFFERING BRIBE TO BASEBALL PLAYER. PENALTY. Any person who gives or offers or promises to give, or attempts to give or offer, any money, bribe or thing of value, to any participant or player in any baseball game, with the intention or understanding or agreement that such participant or player shall not use his best efforts to win such baseball game, or [shall] so conduct himself in such baseball game that the opposing team shall thereby be assisted or enabled to win such game, is guilty of a felony, and shall be punished by imprisonment in the state prison for a period not exceeding five years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. Enactment approved May 9, 1921, Stats. and Amdts. 1921, p. 62. § 337c. SAME. ACCEPTING BASEBALL BRIBE. PENALTY. Any person who accepts, or attempts to accept, or offers to accept, or agrees to accept, any money, bribe or thing of value, with the intent or understanding or agreement that he will not use his best efforts to win any baseball game in which he is participating or is about to participate in, or to so conduct himself in such baseball game that the op posing team shall thereby be assisted or enabled to win such game, is guilty of a felony, and shall be punished by imprisonment in the state prison for a period not exceeding five years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. Enactment approved May 9, 1921, Stats. and Amdts. 1921, p. 62. § 337d. SAME. OFFERING BRIBE TO UMPIRE. PENALTY. Any person who gives, or offers to give, or promises to give, or attempts to give, any money, bribe or thing of value to any person who is umpiring, [or is] managing or directing, or who is about to umpire, or [to] manage or direct any baseball game, with the intention or agreement or understanding that such person or persons shall corruptly or dishonestly umpire, manage or direct said baseball game, or the players thereof [,] with the intention or purpose that the result of said baseball game will be affected or influenced thereby, is guilty of a felony and shall be punished by imprisonment in the state prison for a period not exceeding five years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. Enactment Approved May 9, 1921, Stats. and Amdts. 1921, p. 62. § 337e. SAME. ACCEPTANCE OF BRIBE BY UMPIRE. PENALTY. Any person who, as umpire, [or as] manager or director[,] receives or agrees to receive, or attempts to receive any money, bribe or thing of value, with the understanding or agreement that such umpire, [or such] manager or director shall corruptly conduct himself or shall corruptly umpire, [or] manage or direct said baseball game, or any player or the players thereof, with the intent or purpose that the result of said baseball game will be affected or influenced thereby, is guilty of a felony and shall be punished by imprisonment in the state prison for a period not exceeding five years, or by a fine not exceeding five thousand dollars, or by both such fine and imprisonment. Enactment approved May 9, 1921, Stats. and Amdts. 1921, p. 63. [Commissioner's note says that this chapter is "based upon the provision of the act of April 17, 1861, relating to pawnbrokers, Stats. 1861, p. 184.”] § 341. Selling before time of redemption has § 344. Junk dealers, application of code secexpired, or without notice. tions to. § 338. PAWNBROKING WITHOUT LICENSE. Every person who carries on the business of a pawnbroker, by receiving goods in pledge for loans at any rate of interest above the rate of ten per cent per annum, except by authority of a license, is guilty of a misdemeanor. Enacted February 14, 1872. As to carrying on certain business without a license, see post, §§ 379, 435. As to pledge of junk by minor, receiving a misdemeanor, see post, § 501. § 339. FAILING TO KEEP REGISTER. Every person who carries on the business of a pawnbroker, or who purchases gold bars, gold quartz or gold bullion or mineral containing gold, who fails at the time of the transaction to enter in a register kept by him for that purpose, in the English language, the date, duration, amount, and rate of interest of every loan made by him, or an accurate description of the property pledged, or estimated value of the property purchased, or the name and residence of the pledgeor or seller, or to deliver to the pledgeor or seller a written copy of such entry, or to keep an account in writing of all sales made by him, is guilty of a misdemeanor. [Saving clause. See § 343, post.] Enacted February 14, 1872; amendment approved March 15, 1909, Stats. and Amdts. 1909, p. 367. As to section being applicable to junk dealers, see post, § 344. § 340. PAWNBROKERS, WHAT INTEREST MAY CHARGE. Every pawnbroker who charges or receives interest at the rate of more than two per cent per month, or who by charging commissions, discount, storage, or other charge, or by compounding increases, or attempts to increase, such interest, is guilty of a misdemeanor. Enacted February 14, 1872; amendment approved March 17, 1881, Stats. and Amdts. 1881, p. 75. As to rate of interest pawnbrokers may charge, see Act of April 16, 1909, Stats. and Amdts. 1909, p. 969, as amended April 21, 1911, Stats. and Amdts. 1911, p. 978. § 341. SELLING BEFORE TIME OF REDEMPTION HAS EXPIRED, OR WITHOUT NOTICE. Every pawnbroker who sells any article pledged to him and unredeemed, until it has remained in his possession six months after the last day fixed by contract for redemption, or who makes any sale without publishing in a newspaper printed in the city, town, or county, at least five days before such sale, a notice containing a list of the articles to be sold, and specifying the time and place of sale, is guilty of a misdemeanor. Enacted February 14, 1872. § 342. REFUSING TO DISCLOSE PARTICULARS OF SALE. Every pawnbroker who [1] wilfully refuses to disclose to the pledgeor or his agent the name of the purchaser and the price received by him for any article received by him in pledge and subsequently sold, or who [2] after deducting from the proceeds of any sale the amount of the loan and interest due thereon, and four per cent on the loan for expenses of sale, refuses, on demand, to pay the balance to the pledgeor or his agent, is guilty of a misde meanor. Enacted February 14, 1872. As to section being applicable to junk dealers, see post, § 344. § 343. REFUSING TO ALLOW INSPECTON OF REGISTER OF PLEDGED ARTICLES. Every pawnbroker or person who purchases gold bullion, gold bars or gold quartz or mineral containing gold, who fails, refuses, or neglects to produce for inspection his register, or to exhibit all articles received by him in pledge, or his account of sales, to any officer holding a warrant authorizing him to search for personal property or to any person appointed by the sheriff or head of the police department of any city, city and county or town, or an order of a committing magistrate directing such officer to inspect such register, or examine such articles on account of sales, is guilty of a misdemeanor. [Saving clause.] Sec. 3. Providing that nothing in this act shall apply to persons or corporations doing a banking business in this state. Enacted February 14, 1872, founded upon act April 17, 1861, Stats. 1861, p. 184; amendment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 452, act held unconstitutional, see history, § 171a ante; amendment re-enacted March 21, 1905, Stats. and Amdts. 1905, p. 668; amendment approved March 15, 1909, Stats. and Amdts. 1909, p. 367. § 344. JUNK DEALERS, APLICATION OF CODE SECTIONS TO. Sections three hundred and thirty-nine, and three hundred and forty-two, and three hundred and forty-three of the Penal Code are applicable to the persons carrying on the business of junk dealers, their clerks, employees, or servants, and to persons acting as brokers or commission agents for such persons, and apply to their transactions of purchase and sale as well as to those of pledge or mortgage. Enactment approved February 28, 1901, Stats. and Amdts. 1900-1, p. 75. § 346. ACTS OF INTOXICATED PHYSICIANS. Every physician who, in a state of intoxication, does any act as such physician to another person by which the life of such other person is endangered, is guilty of a misdemeanor. Enacted February 14, 1872. § 347. WILFULLY POISONING FOOD, Medicine, or WATER. Every person who wilfully mingles any poison with any food, drink, or medicine, with intent that the same shall be taken by any human being, to his injury, and every person who wilfully poisons any spring, well, or reservoir of water, is punishable by imprisonment in the state prison for a term of not less than one nor more than ten years. Enacted February 14, 1872, founded on § 3 Act April 19, 1856, Stats. 1856, p. 131. § 347a. POISONOUS SUBSTANCE, HOW SOLD AND LABELED. ΤΟ WHOM SOLD. ENTRY OF SALE TO BE MADE. No person must [shall] retail any arsenic, corrosive sublimate, hydrocyanic acid, cyanide of potassium, strychnia, essential oil of bitter almonds, opium, aconite, belladonna, conium, nux vomica, henbane, tansy, savin, ergot, cottonroot, digitalis, chloroform, chloral hydrate, or any preparation, compound, salt, extract or tincture, of such substances, except preparations of opium containing less than two grains to the fluid ounce, white precipitate, red precipitate, red and green iodides of mercury, colchicum, cantharides, oxalic acid, croton oil, sulphate of zinc, sugar of lead, carbolic acid, sulphuric acid, muriatic acid, nitric acid, phosphorus, or any preparation, compound, salt, extract, or tincture of such substances, without first distinctly label ing the bottle, box, vessel, or package, and the wrapper or cover thereof in which such substance is contained, with the common or usual name thereof, together with the word "poison," and the name and place of business of the seller. Nor must [shall] any such sale be made to any person, unless it is found, on due inquiry, that he is aware of its poisonous character, that it is to be used for a legitimate purpose. Nor must [shall] any person retail any of such substances, unless, before delivering the same, he makes, or causes to be made, in a book kept for that purpose only, an entry stating the date of the sale, the name and address, of the purchaser, the name and quantity of the substance sold, the purpose for which it is stated by the purchaser to be required, and the name of the dispenser. Such book must always be open to inspection by the proper authorities. A person dispensing any of the substances enumerated must ascertain, by due inquiry, whether the name and address given by the person receiving the same are his true name and address, and for that purpose may require such person to be identified. [Penalty.] Every person who violates any of the provisions of this section is guilty of a misdemeanor, and punishable by a fine not exceeding five hundred dollars or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment. [Not to apply to prescriptions. ] Nothing in this section contained applies to the prescriptions of any physician authorized to practise medicine under the laws of this state. Enactment by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 453, act held unconstitutional, see history, § 5 ante; re-enacted March 22, 1905, Stats. and Amdts. 1905, p. 765. § 348. MISMANAGEMENT OF STEAMBOATS. Every captain or other person having charge of any steamboat used for the conveyance of passengers, or of the boilers and engines thereof, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any, apparatus or machinery connected therewith, by which bursting or breaking human life is endangered, is guilty of a felony. Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 431; by Code Commission, Act March 16, 1901, Stats. and Amdts. 1900-1, p. 453, act held unconstitutional, see history, § 5 ante. § 349. MISMANAGEMENT OF STEAM BOILERS. Every engineer or other person having charge of any steam boiler, steam engine, or other apparatus for generating or employing steam, used in any manufactory, railway, or other mechanical works, who wilfully, or from ignorance, or gross neglect, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler or engine, or apparatus, or cause any other accident whereby human life is endangered, is guilty of a felony. Enacted February 14, 1872; amendment approved March 30, 1874, Code Amdts. 1873-4, p. 431. § 349a. FRAUDULENTLY MISREPRESENTING KIND OF LABOR EMPLOYED IN PRODUCING ARTICLE. PENALTY. Any person engaged in the production, manufacture, or sale of any article of merchandise in this state, who, by any imprint, label, trademark, tag, stamp, or other inscription or device, placed or impressed upon such article, or upon the cask, box, case or package containing the same, misrepresents or falsely states the kind, character, or nature of the labor employed or used, or the extent of the labor employed or used, or the number or kind of persons exclusively employed or used, or that a particular or distinctive class or character of laborers was wholly and exclusively employed, when in fact another class, or character, or distinction of laborers was used or employed either jointly or in any wise supplementary to such exclusive class, character, or distinction of laborers in the production or manufacture of the article to which such imprint, label, trademark, tag, stamp, or other inscription or device is af |